Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Greenpeace Australia Pacific Ltd v Chief Executive Officer of the Australian Radiation Protection & Nuclear Safety Agency [2002] FCA 1144
ADMINISTRATIVE LAW – Administrative Decisions (Judicial Review) Act 1977 (Cth) – application for judicial review of decision under s 32 Australian Radiation Protection and Nuclear Safety Act 1998 (Cth) to issue licence to ANSTO to construct nuclear research reactor – whether procedures required to be observed in making the decision were not observed (ADJR Act s 5(1)(b)) – whether the decision involved a failure to take into account a relevant consideration (ADJR Act s 5(1)(e) & s 5(2)(b)) – whether the decision involved an error of law (ADJR Act s 5(1)(f)) Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Radiation Protection and Nuclear Safety Act 1998 (Cth) Australian Nuclear Science and Technology Organisation Act 1987 (Cth) Environment Protection (Impact of Proposals) Act 1974 (Cth)
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Botany Bay City Council v Minister for Transport & Regional Development (1999) 58 ALD 628 referred to Jun v Minister for Immigration & Multicultural Affairs [2000] FCA 867 cited Khan v Minister for Immigration & Ethnic Affairs (1987) 14 ALD 291 cited Mendoza v Minister for Immigration, Local Government & Ethnic Affairs (1991) 31 FCR 405 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Minister for Health and Family Services v Jadwan Pty Ltd (1998) 89 FCR 478 applied Minister for Local Government v South Sydney City Council [2002] NSWCA 288 cited NIB Health Funds Ltd v Private Health Insurance Administration Council [2002] FCA 40 cited Parramatta City Council v Hale (1982) 47 LGRA 319 distinguished Price v Elder (2000) 97 FCR 218 applied Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 applied Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388 applied
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